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Terms of Service - Web Hosting PDF Print E-mail

Geek Support Web Hosting Services

Geek Support agrees to provide the client with web hosting for a monthly/annual fee. Clients are allowed to use the service for business/commercial or personal websites and content. Please read the following carefully so you are aware of our Web Hosting Terms of Service.

All prices are in Australian Dollar.

Content:

All services provided by Geek Support may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. Pornography and sex-related merchandising are prohibited on any of our servers. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Geek Support will be the sole arbiter as to what constitutes a violation of this provision. The subscriber agrees to indemnify and hold harmless Geek Support from any claims resulting from the use of the service which damages the subscriber or any other party

Intellectual Property Rights:

Material accessible to you through Geek Support's Services may be subject to protection under Australian (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Geek Support Hosting Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Geek Support Network. If you use a domain name in connection with the Geek Support Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security:

Customers may not use the Geek Support Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Amplify will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Refusal of Service:

Geek Support reserves the right at its sole discretion to refuse or cancel service. Violation of any of Geek Support's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

Indemnification:

Customer agrees that it shall defend, indemnify, save and hold Geek Support (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Geek Support, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Geek Support against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Geek Support server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees that it shall defend, indemnify, save and hold Geek Support (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Geek Support.

Refunds Policy:

Hosting plans are provided with a 7 day money back gaurantee. This period is in place so you can trial our hosting services. After this period, payment for your month/year is non refundable. Setup fees (where applicable) are non-refundable under any circumstances. Hosting Payments: Payment must be made towards your account on its assigned due date. Geek Support Hosting will attempt to automatically rebill your chosen payment method each month/year. If your account falls overdue or your chosen payment method is declined, your account may be suspended or terminated at the sole discretion of Geek Support. A service charge, equal to the charge incurred by Geek Support from its bank, will be charged to your account for each cheque or payment that is returned to Geek Support for insufficient funds. When payment is declined from your chosen payment method we will send out an email notice and retry claiming payment the following day, this will generally occur 3 times over a 3-6 day period. After this period if we have not received due payment or had notification from you that the due payment is in hand, your account may be suspended or terminated at the sole discretion of Geek Support. It is very important you keep your email address on file with us current. When you change email address please contact Geek Support to keep us informed of your working contact address. Failure to keep us updated with your current email address may mean important communications dont reach you, resulting in suspension or termination of your hosting account.

Additional Labour Rates:

Any additional work you may require from Geek Support staff which does not fall within the usual support boundaries is charged at a rate of $88 AUD per hour, in 15 minute increments. All charges will be discussed before work commences on a per incident basis. Examples of work beyond the boundaries of normal support include: site scripting problems, script installation, email setups, website design and development.

Disclaimer:

Geek Support will not be responsible for any damages your business may suffer while using our hosting services. Geek Support makes no warranties of any kind, expressed or implied for hosting services we provide. Geek Support disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Geek Support and its employees. Geek Support makes no "uptime" guarantees.

Geek Support can accept no responsibility for any loss of data or consequences arising from the loss of your website content. Geek Support advises clients to back up their site data regularly for their own protection. This can be done within your Geek Support Web Hosting Control Panel. Finally, Geek Support  wishes to emphasise that in accepting our hosting services, customers indemnify Geek Support for the violation of any law or Geek Support policy, that results in loss to Geek Support or the bringing of any claim against Geek Support. This means that if Geek Support is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Geek Support, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions of service will result in grounds for immediate account deactivation. Geek Support reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.

 
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